S.L. 452.130 Art. 2Interpretation. 

In these regulations, unless the context otherwise requires:

"Act" means the Employment and Industrial Relations

Act;

"Administration Board" means the Employment Agencies Administration Board established by regulation 19;

"advertisement" includes any advert in any publication or broadcast on any radio or television station, cable network or on the internet;

"Agencies Guarantee Fund" means the Employment Agencies Guarantee Fund established by article 21A of the Act;

"Appeals Board" means the Employment Agencies Appeals Board established by article 21B of the Act;

"applicant for employment" includes any person who seeks to avail themselves of opportunities for employment which are offered by an employment agency or employment business;

"competent person" means a fit and proper person approved by the Director to manage an employment agency or employment business and who meets the criteria established in these regulations, including but not limited to those established in regulation 8;

"conditions of employment" shall have the same meaning as defined in the Act;

"Department" means the department responsible for industrial and employment relations;

*Vide the proviso to Regulation 1(2) of Legal Notice 270 of 2023 "Provided that first time applicants are being granted a transitional period of two (2) months from the com-ing into force of these regulations in order to fulfil their obligations in accordance with these regulations.". "Director" means the Director General responsible for employment and industrial relations, and includes any officer within the department responsible for employment and industrial relations who is authorised by the Director to act on his behalf;

"editor" shall have the same meaning assigned to it by the Media and Defamation Act;

"employer" includes a partnership, company, association or other body of persons, whether vested with legal personality or otherwise;

"employment" shall have the same meaning assigned to it in the Act;

"employment agency" or "employment business" means any natural or legal person carrying out any relevant activity in Malta:

(a) for the recruitment of persons for employment in Malta or outside Malta;

(b) as a temporary work agency; or

(c) as an outsourcing agency, and in the case of a legal person whose objects in its memorandum of association include the carrying out of the said relevant activities as well as the activities ancillary or incidental thereto, but do not include objects which are not compatible with the services of an employment agency or employment business;

"employment services" include the keeping of any register of applicants for employment or the referral of applicants for employment, the placing in employment of applicants for employment; the placing of advertisements for the filling of employment vacancies, the interviewing and selection of applicants for employment and the offering of employment contracts for, or on behalf of any employer to applicants for employment, the assignment of employees to user undertakings, whether such assignment is made by the employment agency or employment business through the activity of a temporary work agency or that of an outsourcing agency;

"full vetting process" means the vetting, due diligence and verification process carried out in accordance with regulation 9(2);

"licensee" means the holder of a licence to operate an employment agency or an employment business; "Minister" shall have the same meaning assigned to it in the Act;

"outsourcing agency" means a natural or legal person, and in the case of a legal person whose objects in its memorandum of association include the carrying out of the relevant activities as well as all activities ancillary or incidental thereto, but do not include such objects which are not compatible with the services of an outsourcing agency, who enters into contracts of employment or employment relationships with employees and who assigns, whether on a regular or on an irregular basis, the employees to user undertakings to work there temporarily, by being physically present at the premises of the user undertaking or working remotely, under the supervision, direction and control of the outsourcing agency, whether or not such activity is the main or ancillary activity of the outsourcing agency;

"temporary agency worker" means a worker who has entered into a contract of employment or an employment relationship with a temporary work agency and who is assigned, whether on a regular or on an irregular basis, to a user undertaking to work temporarily under its supervision, direction and control;

"temporary work agency" means a natural or legal person, and in the case of a legal person whose objects in its memorandum of association include the carrying out of the relevant activities as well as all the activities ancillary or incidental thereto, but do not include such objects which are not compatible with the services of a temporary work agency, which enters into contracts of employment or employment relationships with temporary agency workers and who assigns, whether on a regular or on an irregular basis, the temporary agency workers to user undertakings to work there temporarily under their supervision, direction and control, whether or not such activity is the main or ancillary activity of the temporary work agency;

"user undertaking" includes any employer or any person other than an applicant for employment who makes use of any services provided by an employment agency or employment business;

"Working Committee" means the committee established in accordance with regulation 9A."